McKay & Roche v. Southern Bell Telephone Co.
Supreme Court of Alabama
Appeal from tlie Circuit Court of Mobile. Tried before the Hon. J.R. Tyson. This action was brought by the appellants, McKay & Roche, against the appellees, the Southern Bell Tele■phojae & Telegraph Company and the Mobile Street Railroad Company, to recover damages for the alleged negligent killing of one horse and the injury of another horse, and for damages to the harness on them, the property of the plaintiffs.
Read the full summary
Appeal from tlie Circuit Court of Mobile. Tried before the Hon. J.R. Tyson. This action was brought by the appellants, McKay & Roche, against the appellees, the Southern Bell Tele■phojae & Telegraph Company and the Mobile Street Railroad Company, to recover damages for the alleged negligent killing of one horse and the injury of another horse, and for damages to the harness on them, the property of the plaintiffs. The complaint contained three counts, the substance of which counts are sufficiently stated in the opinion. The demurrers interposed to each of the counts of the complaint were…
1Opinion of the CourtHead, J.
This is a joint action against the two appellees for damages to property alleged to have been caused by their negligence. The contest seemed to have been largely waged by and between the two defendants,, each accusing the other, but the result was victory to both over the plaintiffs.
The complaint shows that the Mobile Street Railroad Company operated an electric street railway along Government street, in Mobile, with the electric motive power supplied by means of an overhead trolley wire, such as is generally in use, which wire was so heavily charged with electricity as to render contact with…
2Cases cited1 opinion
- Electric Railway Co. v. SheltonTennessee Supreme Court · 1890
3Cited by29 opinions
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- B'ham Ry. L. & P. Co. v. CockrumSupreme Court of Alabama · 1912
- Scharfenburg v. Town of New DecaturSupreme Court of Alabama · 1908
- Chambers v. CoxSupreme Court of Alabama · 1930
- Shawnee Light & Power Co. v. SearsSupreme Court of Oklahoma · 1908
24 more not listed; retrieve them via the Exa API.